£85,000 for care worker assaulted by service user

Ms D was employed by a large national care company to care for adults with learning difficulties including severe autism.

Whilst she had enjoyed working in the care sector for many years prior, unfortunately when she began working for the Defendant she discovered that many of the adults they were caring for were liable to be severely violent and unpredictable, resulting in employees being routinely injured at work.

She soon found that the adult she was tasked with caring for would often attack her including punching and kicking. Despite repeated employee requests for changes to the work system the Defendant employer failed to make any and, as a result, she, and her fellow care workers, continued to suffer repeated assault injuries. In fact, the company only rehoused the adult in question following him violently assaulting a police officer who had been called to the premises.

She suffered three particularly severe incidents one of which involved being struck to the head resulting in a concussion. She also developed significant psychological injuries including Complex Post-Traumatic Stress Disorder.

Initially she was unsure as to whether to take action against the company as she and her fellow workers had begun to accept and normalise the work conditions in their minds but, following careful consideration, she decided to proceed and instructed Aston Knight Solicitors to act for her.

Initially the Defendant was unresponsive but following the threat of a court application they appointed solicitors who admitted liability. Expert evidence was obtained from a neurologist, who considered that there had been a minor traumatic brain injury leading to post-concussion symptoms which thankfully would resolve with therapy; a psychiatrist who reported that she had developed worsened depression and Complex Post-Traumatic Stress Disorder; and an orthopaedic surgeon who diagnosed soft tissue injuries as a result of the assaults.

Settlement negotiations subsequently took place and an excellent settlement of £85,000 was secured with which the client was delighted. She commented in particular that this will enable her to move on with her life now following such a horrendous period.

Solicitor James Winterbottom who dealt with the case comments:

“The underlying issue here is the business model of the Defendant company. The company receives substantial payments to house these individuals who are often not sufficiently risk assessed and who often go beyond the usual challenges of learning difficulties including violent and unpredictable behaviour. Despite the service user in question clearly posing a severe danger to staff, no action was taken for two years during which a number of employees, including this client, suffered significant injury. It unfortunately required a police officer to be injured before the company took the issue seriously and rehoused the adult in question into a more suitable and safe environment.”

Back to Recent Successes